Man released by federal Judge faces rape charges in Minnesota

Marcotulio Melendez Diaz, 42, originally from Honduras, is accused of repeatedly raping a woman in her Mounds View home on October 11. Authorities say the incident was captured on the woman’s home surveillance system.

Immigration and Customs Enforcement (ICE) has criticized U.S. District Judge Orlando L. Garcia, who was appointed during the Clinton administration, for ordering Diaz’s release. ICE stated that the crime could have been avoided if Diaz had remained in custody.

ICE reports that Diaz was initially apprehended and released at the southern border in April 2024. He was later arrested in Minnesota in January 2026, during Operation Metro Surge, and transferred to ICE detention in Texas.

An immigration judge issued a deportation order against Diaz on March 30, which he appealed. While the appeal was pending, Judge Garcia granted his habeas petition, citing due process concerns and finding his detention unlawful or unreasonably prolonged. This allowed Diaz to return to Minnesota.

His appeal was denied on October 9, and a final deportation order was issued by the Board of Immigration Appeals. Just two days later, Diaz was charged with felony first-degree criminal sexual penetration involving coercion.

Diaz is currently in custody and could face up to 30 years in prison if convicted.